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Re: GNU licenses


From: Alexander Terekhov
Subject: Re: GNU licenses
Date: Mon, 04 Sep 2006 19:54:34 +0200

David Kastrup wrote:
[...]
> cease-and-desist order "I downloaded this from somewhere and did not
> bother reading the conditions before redistributing it".

Go cease-and-desist all those binary only distributors (contributors
including) of GPLv2 stuff on bittorrents and alike. Let me know.

And for the upteenth time stupid: restrictions on redistribution in 
spite of statutory rights under 17 USC 109 and 117 require enforcable 
contract. And formation of enforcable contract needs manifestation of 
assent, retard.

http://www.nysd.uscourts.gov/courtweb/pdf/D02NYSC/01-07482.PDF

"Netscape argues that the mere act of downloading indicates
assent. However, downloading is hardly an unambiguous indication
of assent. The primary purpose of downloading is to obtain a
product, not to assent to an agreement. ... Netscape's failure
to require users of SmartDownload to indicate assent to its
license as a precondition to downloading and using its software
is fatal to its argument that a contract has been formed." 

regards,
alexander.


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